Military Divorce
Residency, pension division, and the SCRA for service members and spouses.
Military divorce
Military families divorcing in Utah face an extra layer of federal rules on top of ordinary Utah law.
What is different
- Filing. A service member stationed in Utah under military orders for 90 days can file here (Utah Code § 81-4-402(1)(b)).
- Stays. Federal law (the Servicemembers Civil Relief Act) lets an active-duty member obtain a stay of proceedings when duty prevents participation.
- Pension. Division of military retired pay is governed by federal law (the USFSPA); the widely cited 10/10 rule affects only whether DFAS pays the former spouse directly, not whether the share exists.
- Benefits. TRICARE, SBP survivor coverage, and 20/20/20 former-spouse benefits each have their own qualification rules that must be handled in the decree.
Common questions
Does deployment cost custody? Courts account for military service; temporary duty arrangements should be built into the parenting plan rather than litigated mid-deployment.